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Owners at Resort at Singer Island sue over high fees
By
Jane Musgrave
Palm Beach Post Staff Writer Posted: 6:46 p.m. Tuesday, March 16, 2010 WEST PALM BEACH — Beleaguered owners of hotel units at the Resort at Singer Island are fighting back. In a lawsuit filed in Palm Beach County Circuit Court, the association that represents those who own the 239 hotel units claim the chain that owns the oceanfront high-rise is soaking them for fees. Further, it claims it should have a far greater say in how the fees are set and other policies that have driven many owners into foreclosure. According to condominium documents, the only part of the resort the association controls is a small fourth-floor conference room, said attorney Daniel Rosenbaum. Unlike boards that oversee regular condominiums or even other condotels like the resort, the Singer Island board doesn't oversee the grounds, the pool, the utilities or any other parts of the building that are typically considered common property. That means Urgo Hotels, which bought the $210 million resort when WCI Properties was emerging from bankruptcy, has near complete control over the building and the owners have almost none, Rosenbaum said. The arrangement, he claims, is contrary to Florida law. No one from the Bethesda, Md.-based chain returned a phone call for comment. The lopsided arrangement allows the chain to set fees that owners can't contest. Rosenbaum said it has refused to explain the justification for fees. Many overlap, he said. For instance, in addition to paying utility bills, owners pay special utility assessments. The combination means owners are charged 266 percent of the actual bill Urgo is paying, he claims. Unit owners who bought the condo hotel units as an investment told The Palm Beach Post in January that the fees have cost them tens of thousands of dollars. At the same time, rental rates have declined and the value of the units have tanked. There are also 66 regular condominium units in the building. Those are not part of the lawsuit.
Singer Island Resort’s drained investors claim deceit They say they’re victims of unforeseen fees and false promises of profit.
By Jane Musgrave
Palm Beach Post Staff Writer Updated: 11:34 p.m. Sunday, Jan. 17, 2010 Posted: 9:34 p.m. Sunday, Jan. 17, 2010 RIVIERA BEACH — Rising more than 200 feet above the white sands of Singer Island, the marble- and onyx-appointed Resort at Singer Island opened to rave reviews in 2007, attracting the likes of then-presidential candidate Barack Obama and tennis star Jennifer Capriati.
“It’s heaven on Earth,” cooed Riviera Beach Mayor Thomas Masters, a Baptist preacher. Celebrity-watching and biblical references aside, the resort has become a living hell for many who thought they could make money by buying one of its 239 units. “It’s just been a devastating thing,” said Sam Lasorda, owner of a Pennsylvania pest control company. “It’s been a financial disaster.” Court records show nearly 60 units are in foreclosure. At least $1.5 million in assessments hasn’t been paid. And those numbers are expected to increase. “I have no intention of paying any more of those fees,” said George Melillo, a retired pharmaceutical company executive who lives in Naples. “At the first of the year I decided to take my $300,000 loss and go on my way.” Real estate experts aren’t surprised that the luxury hotel is in trouble. Conceived at the height of the sizzling real estate boom, the resort is a condo-hotel. Owners said they plunked down hundreds of thousands of dollars with the promise that they would make money when the units were rented for as much as $600 a night. Of course, the big returns never came, said Jack McCabe, CEO of McCabe Research and Consulting in Deerfield Beach. “It was a failed business model from the get-go,” he said of the concept that was used to finance hotels in tourist meccas nationwide. “None of them is yielding any positive income for owners.” Like other condotel owners, those at the resort were hit hard by the recession. But owners of the Singer Island condotel were uniquely affected. A year after developer WCI Communities completed the project, its then-chairman, billionaire financier Carl Icahn, announced it was filing for bankruptcy. As part of its reorganization, it sold the $210 million resort to Bethesda, Md.-based Urgo Hotels for $7.1 million. Instead of being run by the upscale Starwood brand, it is part of the more pedestrian Marriott chain, which doesn’t fetch the promised sky-high rates. “It was like the perfect storm,” said Lasorda, whose $750,000 two-bedroom unit is now appraised at $240,000. But the economic storm isn’t what hurt the owners. They say they were victims of false promises. Owners said they were told the investment was a sure moneymaker. “They said it would be a 75-25, possibly a 65-35, split in our favor,” said Melillo, who paid $995,000 for his unit. What they weren’t told was that various charges would eat into their profits. Owners are charged for housekeeping, reservation expenses, agent commissions, marketing, maintenance and insurance. After all the expenses had been paid, the $50,402 one owner made in 2008 was reduced to $21,790. But that didn’t include the $2,650 monthly assessments, $8,300 in annual property taxes, $1,000 for yearly insurance or $40,000-a-year mortgage, plus other expenses. They turned the $21,290 profit into a nearly $60,000 loss. For Jupiter resident Ray Johnson, it became too much. “I stopped paying,” he said. “I’ve never done anything like it in my life. It’s a personal hell for me, but it was a matter of survival.” His $750,000 unit is now in foreclosure. He received an offer for $150,000. Kevin Urgo, a senior vice president for the hotel chain, said he understands the frustration of the unit owners in the renamed Palm Beach Marriott Singer Island Resort & Spa. Since taking over two months ago, the company has worked to reduce costs and increase revenue, he said. When it bought the hotel, it also assumed ownership of 14 of the hotel units and four of the 66 residential condominiums, one of which tennis champ Capriati owns. It means the company has a big stake in keeping the costs under control, Urgo said. “You’re going to see a turnaround in fairly short order,” he said. Owners suspect it will cost them. The lobby is being renovated to reflect Marriott’s signature “Great Room” concept. The chain said reserve accounts will be tapped to pay for the renovation. Owners expect to be asked to beef up depleted accounts. The frustration is that they don’t know
if they can stop it. Urgo said he isn’t sure what approvals
would be needed. Many said they plan to heed that advice. “It’s sad. It’s such a beautiful
property,” Johnson said. “It could have been such a gem for
Singer Island.” 18 COMMENTS
GrowSmart
Does anyone REALLY feel sorry for
these people??
I work on Singer Island and when I heard the business plan for this property I couldn't stop laughing. Yet these people were dumb enough to fall for it. I guess they are right a fool is born every minute. Three months after it opened I knew out of towners who rented units for $100/night in shoulder season and $150/night in peak season. Now those same people don't even want to rent there.
Amazing
Why dont these people look in the
mirror? They made the "investment" in this place. If
they didn't do the due diligence then they should
never have bought the place.
Crap like this has become common place in this world. When things go wrong everyone wants to start blaming others. Just say it, I made a bad investment. I did not do my homework. I am not a developer or hotel owner for a reason. Take some responsibility and quit trying to blame everyone else.
Look In The Mirror
Several years ago, during the height
of the "bubble", I looked at a Condo-hotel in Sunny
Isles. They were having a "pre-construction" offer.
I visited the site and got the numbers. Things did
not seem quite right even then. Got home and ran the
numbers and came up with the bottom line. I would
have to rent the unit for 51.5 days a month to break
even.
Needless to say, my suspicions were true - it was a SCAM. I have no pity for anyone that invests this way. Do your homework!
Chuck
I agree w/ Chuck. The new Seagate
Hotel in Delray was originally supposed to be a
condo hotel.The hotel was sending me all this
literature to invest. I'm not a financial genius,
but the business model just didn't seem right to me
- especially with the high taxes and insurance we
pay in FL, not to mention the maintenance fees on a
building like that. AND, what about the summer
season down here when EVERYTHING is basically empty
or much cheaper?
Fabumari
We just finished recalling our condo
board, it was surprising how easy it was, see the
website MyFlorida and follow the prompts to Florida
State Statutes.
There are tools on the site, that enable an owner to effect change. The internet changed the dynamic in favor of owners, absentee owners are able to become a virtual community.
samuel adams
We just finished recalling our condo board, it was surprising how easy it was, see the website MyFlorida and follow the prompts to Florida State Statutes. @ samuel adams This is so far beyond recalling
the condo board, it's even too late for brain
transplants for the investors. This was a result of
a 'get rich quick' feeding frenzy.
Cents Less
The problem with all of these
buildings is that they cost a fortune to run, not to
mention the taxes. If the fees and taxes alone are
$1,500 a month, what is someone willing to pay for
the unit? Not much.
bob
It takes a special kind of stupid to
"invest" in something like this. Why on earth would
you want to own a hotel ROOM anyway? The only (and I
mean ONLY) reason the hotel would sell you a room is
if they feel the price you're paying for it is SO
grossly overvalued that the downside (losing a room)
is made up for by the stupidity of the buyer. If you
want to play craps, go to the casino, STOP doing it
in the S. FL RE market! CondoTels were only for the
paint chip eaters..
Overtaxed
GREED
beyond bondo
SOME PEOPLE GOT MORE MONEY THAN BRAINS.SINCE THE PRICE DROPPED GEE NOW IT'S NOT FAIR AND THEY WANT THERE MONEY BACK,AND WHO WOULD HAVE KNOWN.I BET IF THE PRICE DOUBLED THERE WOULD BE NO CRYBABIES,,LOL,GOOD YOU LOST LOL. GREED,WILL BIT YOU EVERY TIME.JUST LIKE ALL YOU MADOFF INVESTORS,,LOL
HOTSWEATYVIOLENTSOUTHFLORIDAH
I am sure the government
entity that approved this fiasco also had
dollar signs in their eyes looking at
the huge increase in the tax base. Greed is the word, at all levels.
JT
Ummmm...paint
chips....
Me
Reganomics
at it's worst.
mm
Lasorda is not a sucker, he
also bought a unit in Marina Grande the
other disaster in Riviera Beach. He
was going to strike it rich in FLARADUH real estate! Both units are in foreclosure. Amazing when a guy puts down 100K on a 600K unit and suddenly he is Donald Trump, real estate tycoon.....
natives is a bad combo. Check out that townhouse project next to Walmart, 250K new, asking 59K now
bad
investment
no sympathy for any of these
idiots. the condo speculators were the ones
that drove this development
engine right into the ground... trying to make big bucks in a small amount of time using borrowed money and creating false demand all over the state.... you can all starve as far as I am concerned. turk ferguson
what a shame.... the mortgage
fraud across the usa was responsible for all
these over valued/over priced
houses/condos/apt. the banking employees that signed on all those bogus loans are to blame. just in coroda del mar/california, there was a wealthy crook that had loans in excess of 22 million dollars.... he sold a house to his gardner for 650,000 dollars then helped him get a loan on that property etc etc. economic terrorism?????? we need to put all these people in jail!!!!!!
anthony
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lol thats funny